1824732 (Refugee)

The applicant, who claimed to be a Shia Muslim hunted by Sunni authorities in Malaysia for promoting Shia Islam, sought a protection visa. A delegate of the Department refused the application, finding that the applicant had not established a well-founded fear of persecution and that effective protection was available in Malaysia. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion, as defined by the Migration Act 1958, and whether Australia had protection obligations towards him. This involved assessing the credibility of the applicant's claims of being targeted by authorities and the general country information regarding the treatment of Shia Muslims in Malaysia. The Tribunal also had to consider whether any claimed fear of persecution was a real chance and whether effective protection measures were available to the applicant in Malaysia.

In its reasoning, the Tribunal noted inconsistencies and vagueness in the applicant's evidence regarding his religious practices and his alleged persecution. Specifically, the applicant had spent three years in Australia without practicing his claimed religion and could not adequately explain Shia religious practices or events. The Tribunal considered country information which indicated that Shia Muslims generally lived free from discrimination and violence, and that enforcement efforts primarily targeted proselytisers rather than ordinary practitioners. Consequently, the Tribunal was not satisfied that the applicant was a person of interest to the Malaysian authorities or that there was a real chance he would suffer serious harm due to his religion.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.